Attorney’s discretion Essay

A Prosecutor’s Role in the Legal System

A prosecutor’s position is crucial in every case because they are charged with making decisions about which cases to prosecute, what charges to file, and what punishment to demand. The prosecution must make a number of choices that will eventually affect how strong or weak a case is. The prosecution must make choices about whether to charge or dismiss cases, what charges to press against suspects, and even the counts.

Influence and Challenges Faced by Prosecutors

Prosecutors are typically chosen for four years in many states, and their election may be influenced by the local political climate. Some prosecutors have also been known to use the office as a climbing step towards their political aspirations. Once elected, the prosecutor is the one who decides which cases to prosecute (Cole, 87). They also interact with many people in the legal system including the police, defense attorneys, and judges. This may influence them to make decisions based on whomever they are agreeable with at that moment. Another issue that comes up is that decisions of the prosecutor are quite closeted hence hard for the public to know exactly what they are up to. This may cause influence from certain sectors of the society in the application of the law. The prosecutors are also often influenced by the public hence may not make sound and rational decisions.

Addressing Challenges and Upholding Justice

Some of these challenges can be addressed by the prosecution always doing their best to ensure that they uphold justice. They should also avoid pressure from other parties in the justice system and solely rely on the evidence in order to attain a conviction. This will aid in the prevention of innocent people serving time for crimes when they were innocent.

Reference

Cole, George F., Christopher E. Smith, and Christina DeJong. The American system of criminal justice. Nelson Education, 2015.